Is it absolutely necessary to receive H-1B in order to get I-140 approved?
I’m currently working under OPT. I received OPT after my PhD graduation and have been working at my current company for about a year now.
I applied for H-1B, but was rejected this year, so while looking for other options, I heard that an EB-2 application through company sponsorship is possible, and I’m currently discussing it with the company.
The company says it’s too risky without H-1B, since I-140 won’t be approved without it. Is it absolutely necessary to receive H-1B in order to get I-140 approved?
I’m currently in the middle of a 2-year STEM extension for my OPT.
If you extended STEM OPT for 2 years, you’re within a timeline where you could start EB-2 immediately and still receive it. If you use premium processing for I-140, you’ll even get a result within 2 weeks, cutting the time down further. As a result, you can pursue your green card process right away even without receiving H-1B.